Art. 267.

KIdnapping and SCC of Robbery Rape Compare: complex Compare: complex Compare; SCC of
serious illegal detention kidnapping with with crime of crime of rape through attempted kidnapping
with homicide homicide attempted/frustrated forcible abduction (orig. rape=forcible with
murder or murder through design is to rape victim- abduction- homicide
homicide kidnapping (original consummated) ; SCC of where the and rape
or rape design is to kill kidnapping with rape accused (Peo vs
victim); (rape is kidnapped Larranaga)
Or separate crimes of incidental/afterthought) the victim for
kidnapping and the purpose
attempted/frustrated of raping her
murder but failed to
(afterthought) consummate
rape;
Compare- not
for the
purpose of
raping victim
but
afterthought=
separate
crimes
Original - Incidental?
design? - Deprivation of
Principle of liberty;
Absorption? - Intent to
deprive liberty
Special
Complex
Crime
G.R. it is
indispensable
that the
original
design of the
accused is to
commit the
principal
component
thereof;
EXCEPTION:
for special
complex
crime of
kidnapping
with
murder=apply
the Mercado
principle.
Victim of
homicide
Multiple
kidnappings
Murder as
component
Complex
crime?
Separate
Crimes?
Art. 267. Kidnapping and serious illegal detention is committed by a private individual who shall kidnap or detain another, or in any of the following circumstances
is present: 1. The kidnapping or detention shall have lasted more than three days; 2. Simulation of public authority; 3. Serious physical injuries; 4. threats to kill; 5.
The victim is a female, public officer, or minor except when the accused is his parent of the minor; 6. The purpose of the kidnapping or detention is extorting
ransom from the victim or any other person; or when the victim is killed or dies as a consequence of the detention or is raped or is subjected to torture or
dehumanizing acts.

Note: public officer acting in his private capacity

a. Arbitrary detention? Without probable cause but in pursuit of their duty
b. Robbery or kidnapping for ransom? Without probable cause and for purpose of extorting money

2 indispensable elements of illegal detention

1. Deprivation of liberty- as long as there is deprivation of liberty of the victim in whatever form and for whatever length of time;
a. Appreciable period of time: however, to consider deprivation of liberty as an element of consummated illegal detention, there must be an appreciable
period of time within which the victim was deprived of his liberty;
i. if there is no appreciable period of time within which the victim was deprived of his liberty but intent to deprive liberty was clearly establish,
the crime committed is attempted kidnapping.
ii. if there is no appreciable period of time within which the victim was deprived of his liberty and it appears that the intention of the accused in
seizing the victim is to kill him, the crime committed is murder.
2. Intent to deprive liberty – to consider intent to deprive liberty as an element of illegal detention as present, the deprivation of liberty must not be
incidental to the commission of other crime such as murder, rape or robbery, which the offender principally intended to commit.

Special Complex Crime

Note: 4 distinct rules pertaining to special complex crime of kidnapping with homicide, murder or rape.
1. Original design
 The Mercado principle- in special complex crime of kidnapping with murder or homicide, the original design of the accused is not material because
of the Mercado principle that is, the accused is liable for special complex crime of kidnapping with murder or homicide as long as the victim is killed
in the course of the detention. This special complex crime is committed regardless of whether the killing was purposely sought (the original design
is to kill) or killing just an afterthought ( original design is to kidnap).
  Complex crime of kidnapping with murder? At present, no more. Apply Mercado principle and ART 267 of RPC, as amended by RA No. 7659-special
complex crime of kidnapping with murder or homicide.
 SCC of kidnapping with murder or homicide is a crime against liberty hence to commit this crime there must be an appreciable period of time
within which the victim was deprived of liberty
 If the intention of the accused is to deprive the liberty of the victim for purpose of killing him-mercado principle applicable=SCC kidnapping with
murder;
 Compare: if the intention of the accused is only to kill the victim and the deprivation of liberty is just incidental to such killing – Mercado principle is
not applicable;
 Compare case of Peo vs Jiminez (nardong putik case; NBI agents)-solely for the purpose of killing and not detaining
 Compare case of Peo vs Wong- deprivation of liberty is incidental if the same merely arises from the transportation of the victim from one place to
another to evade authorities from arresting them.
2. Victim of homicide- in Art 267- SCC of kidnapping with homicide or rape – the victim of homicide or rape must be the kidnapped or detained victim.
Compare: robbery with homicide; rape with homicide

3. Multiple kidnappings- there are as many criminal impulses to deprive liberty on the part of the accused as there are kidnapped victims.
Compare: robbery – delito continuado principle
: SCC of robbery with homicide/robbery with rape- it is immaterial whether 2 or more persons killed or rape. Only one SCC of robbery with
homicide/rape, as the case may be.
4. Murder as a component

Kidnapping with homicide (or murder) or rape

- If rape or homicide (or murder) is committed in the course of kidnapping, the crime committed will depend on the STAGE of rape or homicide and the
original design of the accused.
1. Consummated Homicide = Mercado principle- SCC kidnapping with homicide (whether the purpose of abduction is to kill the victim or the killing is just an
afterthought.
 Compare: if attempted or frustrated homicide is committed in the course of detention of the victim; Mercado principle not applicable
The following rules:
a. Where accused kidnapped the victim for the purpose of killing him and then tried to kill him= crime? Complex crime of attempted/frustrated murder
through kidnapping – kidnapping was necessary means to commit attempted/frustrated murder
 b. Where the accused kidnapped the victim not for the purpose of killing him but he subsequently tried to kill him as an after thought= crime? Two
separate crimes of kidnapping and attempted/frustrated murder.

2. Consummated rape –
i. Mercado principle is not applicable to SCC of kidnapping with rape;
- Where the accused kidnapped the victim for purpose of raping her, and she was in fact raped, accused is liable for rape or complex crime of rape
through forcible abduction – forcible abduction is necessary means to commit crime of rape;
- Compare : there is no scc of kidnapping with attempted rape,. Crime forcible abduction- apply principle of absorption.
- Where the victim was kidnapped not for the purpose of raping her (without lewd design)- attempted rape is an after thought- separate crimes